Priority of Lien. Pursuant to that certain Pledge and Security Agreement dated as of February 4, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT"), among the Pledgor, the other grantors party thereto and the First Lien Collateral Agent, and that certain Pledge and Security Agreement dated as of February 4, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"; and together with the First Lien Security Agreement, the "SECURITY AGREEMENTS"), among the Pledgor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor has granted a security interest in all of the Pledgor's rights in the Pledged Shares referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor and the Issuer are entering into this Agreement to perfect each of the First Lien Collateral Agent and the Second Lien Collateral Agent's security interest in such Pledged Shares. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares in accordance with the Intercreditor Agreement. The Issuer hereby acknowledges that it has received notice of the security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares and hereby acknowledges and consents to such liens.
Appears in 2 contracts
Sources: Credit Agreement (Carmike Cinemas Inc), Credit and Guaranty Agreement (Carmike Cinemas Inc)
Priority of Lien. Pursuant to that certain Pledge First Lien Guarantee and Security Collateral Agreement dated as of February 4[ ], 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT")2007, among the PledgorDebtor, the other grantors party thereto and the First Lien Collateral Agent, and that certain Pledge Second Lien Guarantee and Security Collateral Agreement dated as of February 4[ ], 2004 2007 (as amended, restated, supplemented or otherwise modified from time to timecollectively, the "SECOND LIEN SECURITY AGREEMENT"; and together with the First Lien “Security Agreement, the "SECURITY AGREEMENTS"Agreements”), among the PledgorDebtor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a separate security interest in all of the Pledgor's Debtor’s rights in the Pledged Shares Deposit Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Financial Institution are entering into this Agreement to perfect each of the First Lien Collateral Agent Agent’s and the Second Lien Collateral Agent's ’s security interest in such Pledged Sharesthe Deposit Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares the Deposit Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares the Deposit Account (which relationship between the Collateral Agents is set forth in accordance with the Second Lien Intercreditor Agreement). The Issuer Financial Institution hereby acknowledges that it has received notice of the respective security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares the Deposit Account and hereby acknowledges and consents to such liens.
Appears in 2 contracts
Sources: First Lien Guarantee and Collateral Agreement (Edgen Murray LTD), Second Lien Guarantee and Collateral Agreement (Edgen Murray LTD)
Priority of Lien. Pursuant to that certain Pledge and Security Agreement dated as of February 4June 30, 2004 2010 (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT"“First Lien Security Agreement”), among the PledgorDebtor, the other grantors party thereto and the First Lien Collateral Agent, and that certain Pledge and Security Agreement dated as of February 4June 30, 2004 2010 (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"“Second Lien Security Agreement”; and together with the First Lien Security Agreement, the "SECURITY AGREEMENTS"“Security Agreements”), among the PledgorDebtor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a security interest in all of the Pledgor's Debtor’s rights in the Pledged Shares Securities Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Securities Intermediary are entering into this Agreement to perfect each of the First Lien Collateral Agent Agent’s and the Second Lien Collateral Agent's ’s security interest interests in such Pledged SharesSecurities Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares Securities Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares Securities Account in accordance with the terms of the Intercreditor Agreement. The Issuer Securities Intermediary hereby acknowledges that it has received notice of the security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares Securities Account and hereby acknowledges and consents to such liens.
Appears in 2 contracts
Sources: Pledge and Security Agreement (Greektown Newco Sub, Inc.), Pledge and Security Agreement (Greektown Superholdings, Inc.)
Priority of Lien. Pursuant to that certain Pledge First Lien Guarantee and Security Collateral Agreement dated as of February 4[ ], 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT")2007, among the PledgorDebtor, the other grantors party thereto and the First Lien Collateral Agent, and that certain Pledge Second Lien Guarantee and Security Collateral Agreement dated as of February 4[ ], 2004 2007 (as amended, restated, supplemented or otherwise modified from time to timecollectively, the "SECOND LIEN SECURITY AGREEMENT"; and together with the First Lien “Security Agreement, the "SECURITY AGREEMENTS"Agreements”), among the PledgorDebtor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a separate security interest in all of the Pledgor's Debtor’s rights in the Pledged Shares Securities Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Securities Intermediary are entering into this Agreement to perfect each of the First Lien Collateral Agent and the Second Lien Collateral Agent's ’s security interest in such Pledged SharesSecurities Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares Securities Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares Securities Account in accordance with the Second Lien Intercreditor Agreement. The Issuer Securities Intermediary hereby acknowledges that it has received notice of the security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares Securities Account and hereby acknowledges and consents to such liens.
Appears in 2 contracts
Sources: First Lien Guarantee and Collateral Agreement (Edgen Murray LTD), Second Lien Guarantee and Collateral Agreement (Edgen Murray LTD)
Priority of Lien. Pursuant to that certain Pledge and Security Agreement dated as of February 4, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT"), among the PledgorDebtor, the other grantors party thereto and the First Lien Collateral Agent, and that certain Pledge and Security Agreement dated as of February 4, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"; and together with the First Lien Security Agreement, the "PLEDGE AND SECURITY AGREEMENTS"), among the PledgorDebtor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a security interest in all of the PledgorDebtor's rights in the Pledged Shares Deposit Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Financial Institution are entering into this Agreement to perfect each of the First Lien Collateral Agent Agent's and the Second Lien Collateral Agent's security interest in such Pledged Sharesthe Deposit Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares the Deposit Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares the Deposit Account (which relationship between the Collateral Agents is set forth in accordance with the Intercreditor Agreement). The Issuer Financial Institution hereby acknowledges that it has received notice of the respective security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares the Deposit Account and hereby acknowledges and consents to such liens.
Appears in 2 contracts
Sources: Credit Agreement (Carmike Cinemas Inc), Credit and Guaranty Agreement (Carmike Cinemas Inc)
Priority of Lien. Pursuant to that certain Pledge and Security Agreement dated as of February 4June 30, 2004 2010 (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT"“First Lien Security Agreement”), among the PledgorDebtor, the other grantors party thereto and the First Lien Collateral Agent, and that certain Pledge and Security Agreement dated as of February 4June 30, 2004 2010 (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"“Second Lien Security Agreement”; and together with the First Lien Security Agreement, the "SECURITY AGREEMENTS"“Security Agreements”), among the PledgorDebtor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a security interest in all of the Pledgor's Debtor’s rights in the Pledged Shares Deposit Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Financial Institution are entering into this Agreement to perfect each of the First Lien Collateral Agent Agent’s and the Second Lien Collateral Agent's ’s security interest interests in such Pledged SharesDeposit Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares Deposit Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares Deposit Account in accordance with the terms of the Intercreditor Agreement. The Issuer Financial Institution hereby acknowledges that it has received notice of the security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares Deposit Account and hereby acknowledges and consents to such liens.
Appears in 2 contracts
Sources: Pledge and Security Agreement (Greektown Newco Sub, Inc.), Pledge and Security Agreement (Greektown Superholdings, Inc.)
Priority of Lien. Pursuant to that certain Pledge and Security Agreement dated as of February 4, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT"), among the PledgorDebtor, the other grantors party thereto and the First Lien Collateral Agent, and that certain Pledge and Security Agreement dated as of February 4, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"; and together with the First Lien Security Agreement, the "SECURITY AGREEMENTS"), among the PledgorDebtor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a security interest in all of the PledgorDebtor's rights in the Pledged Shares Securities Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Securities Intermediary are entering into this Agreement to perfect each of the First Lien Collateral Agent and the Second Lien Collateral Agent's security interest in such Pledged Sharesthe Securities Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares the Securities Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares the Securities Account in accordance with the Intercreditor Agreement. The Issuer Securities Intermediary hereby acknowledges that it has received notice of the security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares the Securities Account and hereby acknowledges and consents to such liens.
Appears in 2 contracts
Sources: Credit Agreement (Carmike Cinemas Inc), Credit and Guaranty Agreement (Carmike Cinemas Inc)
Priority of Lien. Pursuant to that certain First Lien Pledge and Security Agreement dated as of February 428, 2004 2007 among the Debtor, the other grantors party thereto and the First Lien Collateral Agent (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT")“First Lien Security Agreement”) and that certain Second Lien Pledge and Security Agreement dated as of February 28, 2007 among the PledgorDebtor, the other grantors party thereto and the First Second Lien Collateral Agent, and that certain Pledge and Security Agreement dated as of February 4, 2004 Agent (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"“Second Lien Security Agreement”; and together with the First Lien Security Agreement, the "SECURITY AGREEMENTS"“Security Agreement”), among the Pledgor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a security interest in all of the Pledgor's Debtor’s rights in the Pledged Shares Securities Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Securities Intermediary are entering into this Agreement to perfect each of the First Lien Collateral Agent and the Second Lien Collateral Agent's ’s security interest in such Pledged SharesSecurities Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares Securities Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares Securities Account in accordance with the Intercreditor Agreement. The Issuer Securities Intermediary hereby acknowledges that it has received notice of the security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares Securities Account and hereby acknowledges and consents to such liens.
Appears in 2 contracts
Sources: First Lien Pledge and Security Agreement (Arizona Chemical Ltd.), Second Lien Pledge and Security Agreement (Arizona Chemical Ltd.)
Priority of Lien. Pursuant to that certain Amended and Restated First Lien Pledge and Security Agreement dated as of February 4December [___], 2004 2006 (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT"“First Lien Security Agreement”), among the PledgorDebtor, the other grantors party thereto and the First Lien Collateral Agent, and that certain Second Lien Pledge and Security Agreement dated as of February 4June 24, 2004 2005, and amended as of July 8, 2005 (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"“Second Lien Security Agreement”; and together with the First Lien Security Agreement, the "SECURITY AGREEMENTS"“Security Agreements”), among the PledgorDebtor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a security interest in all of the Pledgor's Debtor’s rights in the Pledged Shares Deposit Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Financial Institution are entering into this Agreement to perfect each of the First Lien Collateral Agent Agent’s, and the Second Lien Collateral Agent's ’s security interest in such Pledged Sharesthe Deposit Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares the Deposit Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares the Deposit Account (which relationship between the Collateral Agents is set forth in accordance with the Intercreditor Agreement). The Issuer Financial Institution hereby acknowledges that it has received notice of the respective security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares the Deposit Account and hereby acknowledges and consents to such liens.
Appears in 1 contract
Sources: First Lien Pledge and Security Agreement (CVR Energy Inc)
Priority of Lien. Pursuant to that certain First Lien Pledge and Security Agreement dated as of February 428, 2004 2007, among the Debtor, the other grantors party thereto and the First Lien Collateral Agent (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT")“First Lien Security Agreement”) and that certain Second Lien Pledge and Security Agreement dated as of February 28, 2007, among the PledgorDebtor, the other grantors party thereto and the First Second Lien Collateral Agent, and that certain Pledge and Security Agreement dated as of February 4, 2004 Agent (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"“Second Lien Security Agreement”; and together with the First Lien Security Agreement, the "SECURITY AGREEMENTS"“Security Agreement”), among the Pledgor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a security interest in all of the Pledgor's Debtor’s rights in the Pledged Shares Deposit Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Financial Institution are entering into this Agreement to perfect each of the First Lien Collateral Agent and the Second Lien Collateral Agent's ’s security interest in such Pledged SharesDeposit Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares Deposit Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares Deposit Account in accordance with the Intercreditor Agreement. The Issuer Financial Institution hereby acknowledges that it has received notice of the security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares Deposit Account and hereby acknowledges and consents to such liens.
Appears in 1 contract
Sources: Second Lien Pledge and Security Agreement (Arizona Chemical Ltd.)
Priority of Lien. Pursuant to that certain Amended and Restated First Lien Pledge and Security Agreement dated as of February 4December [___], 2004 2006 (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT"“First Lien Security Agreement”), among the PledgorDebtor, the other grantors party thereto and the First Lien Collateral Agent, and that certain Second Lien Pledge and Security Agreement dated as of February 4June 24, 2004 2005, and amended as of July 8, 2005 (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"“Second Lien Security Agreement”; and together with the First Lien Security Agreement, the "SECURITY AGREEMENTS"“Security Agreements”), among the PledgorDebtor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a security interest in all of the Pledgor's Debtor’s rights in the Pledged Shares Securities Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Securities Intermediary are entering into this Agreement to perfect each of the First Lien Collateral Agent Agent, and the Second Lien Collateral Agent's ’s security interest in such Pledged SharesSecurities Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares Securities Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares Securities Account in accordance with the Intercreditor Agreement. The Issuer Securities Intermediary hereby acknowledges that it has received notice of the security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares Securities Account and hereby acknowledges and consents to such liens.
Appears in 1 contract
Sources: First Lien Pledge and Security Agreement (CVR Energy Inc)
Priority of Lien. Pursuant to that certain First Lien Pledge and Security Agreement dated as of February 428, 2004 2007, among the Debtor, the other grantors party thereto and the First Lien Collateral Agent (as amended, restated, supplemented or otherwise modified from time to time, the "FIRST LIEN SECURITY AGREEMENT")“First Lien Security Agreement”) and that certain Second Lien Pledge and Security Agreement dated as of February 28, 2007, among the PledgorDebtor, the other grantors party thereto and the First Second Lien Collateral Agent, and that certain Pledge and Security Agreement dated as of February 4, 2004 Agent (as amended, restated, supplemented or otherwise modified from time to time, the "SECOND LIEN SECURITY AGREEMENT"“Second Lien Security Agreement”; and together with the First Lien Security Agreement, the "SECURITY AGREEMENTS"“Security Agreements”), among the Pledgor, the other grantors party thereto and the Second Lien Collateral Agent, the Pledgor Debtor has granted a security interest in all of the Pledgor's Debtor’s rights in the Pledged Shares Deposit Account referred to in Section 2 below to each of the First Lien Collateral Agent and the Second Lien Collateral Agent, respectively. The First Lien Collateral Agent and Second Lien Collateral Agent, the Pledgor Debtor and the Issuer Financial Institution are entering into this Agreement to perfect each of the First Lien Collateral Agent and the Second Lien Collateral Agent's ’s security interest in such Pledged SharesDeposit Account. As between the First Lien Collateral Agent and the Second Lien Collateral Agent, the First Lien Collateral Agent shall have a first priority security interest in such Pledged Shares Deposit Account and the Second Lien Collateral Agent shall have a second priority security interest in such Pledged Shares Deposit Account in accordance with the Intercreditor Agreement. The Issuer Financial Institution hereby acknowledges that it has received notice of the security interests of the First Lien Collateral Agent and the Second Lien Collateral Agent in such Pledged Shares Deposit Account and hereby acknowledges and consents to such liens.
Appears in 1 contract
Sources: First Lien Pledge and Security Agreement (Arizona Chemical Ltd.)